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People v. Peralta

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Franklin Peralta, appellant. Index No. 1910/10

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura T. Ross of counsel; Jennifer Hickey on the brief), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered May 26, 2011, convicting him of robbery in the first degree (three counts) and robbery in the second degree (three counts), upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which she moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 U.S. 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 U.S. 738; Matter of Giovanni S. [ Jasmin A. ], 89 A.D.3d 252; People v Paige, 54 A.D.2d 631; cf. People v Gonzalez, 47 N.Y.2d 606).

SKELOS, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.


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